Saturday, December 7, 2013

All too soon, ObamaCare will give us ´Standing´

Legally, the word standing refers to the "ability to initiate a lawsuit." - Deane Waldman/American Thinker

There are three requirements for Article III (tort code) standing: (1) demonstrable injury in fact, not in the future, not hypothetical or conjectural; (2) proof of a causal link between the injury and the challenged conduct or specific legislation (when suing the government); and (3) "likelihood that the injury will be redressed by a favorable [Court] decision."

Despite all the weeping and wailing on every media outlet, ObamaCare has not given us "standing" for the obvious reason that it has not actually affected anyone yet. All those insurance cancellations take effect some time in 2014. All those additional costs will be felt starting in 2014 and escalating from there. All that care denied or deferred will happen next year and beyond....

Before ObamaCare, complex medical care was unaffordable out-of-pocket for almost all Americans. Even medical insurance was costly-to-unaffordable for the majority. The legal title of ObamaCare is "Patient Protection and Affordable Health Care Act." That is what we were promised: affordable insurance that would pay for our medical care needs. We were told we deserved it and that President Obama's reform bill would provide it.

What we got was the opposite. The costs of healthcare itself continue to rise. The cost of insurance is going up anywhere from 30% to as high as 179% (in Nevada) of pre-ObamaCare costs. Paying out of pocket for health care itself remains impossible and insurance is even less affordable than before. This gives you more standing before the Court....